An appeals court yesterday confirmed a judgment in terms of which a woman was awarded €12,229 ( Lm5,250) in damages after it was established that a property she had purchased contained a hidden defect.

Joanne Fenech had filed her case against Mario and Carmen Lagana in the First Hall of the Civil Court claiming that a garage she had purchased from them in San Pawl tat-Targa had a hidden defect. She requested damages of Lm5,250 being the difference between the purchase price she had paid and the sum she would have been willing to pay had she known about the defect.

In October 2006, the first court upheld her writ, but the Laganas appealed to the Court of Appeal. This latter court overturned the first court’s judgment and found in favour of Mr and Mrs Lagana.

Ms Fenech then filed an action for retrial of the Court of Appeal’s judgment on the basis that the appellate court had made a wrong application of the law and was mistaken.

On March 26, 2010 another Court of Appeal found in favour of Ms Fenech and concluded that the original court of appeal had based its judgment on an error in the records of the case.

In yesterday’s judgment the Court of Appeal confirmed the judgment of the First Hall of the Civil Court and ordered the Laganas to pay Ms Fenech €12,229.